If a Chair of Committee resigns does a deputy Chairperson automatically become the FT Chair?

Question

As a PC we have recently established the positions of deputy chair for each committee. The deputy runs the Committee when the chair is unable to but specifically does not replace the chair on the Policy committee, which is stated as being only for Chair of Committees. When a chair resigns should the committee begin the election process where any member can stand with the committee electing a new chair through ballot?

Answer 1

There is no precedence for the Deputy to be Chair. The positions are legally separate, therefore if the Chair resigns, it creates a vacant that any other member can stand for. The Deputy retains his/her position unless elected Chair.

Any committee must always have a chair, therefore, if the Chair is absent the standing orders may say the Deputy shall Chair in their absence, but a vacancy is not an absence, and therefore it must be either the first item (new meeting) on the agenda or immediately next item (s/he resigns mid-meeting).

Comments

Thank you for clear and concise advice.

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If the Chair as a sub committee resigns, can that committee elect a new Chair or does it have to go to the full Council ?

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That depends on the standing orders. There is no legal bar to a committee electing a chair at the start of each meeting. However, the standing orders may say otherwise, in which case they must be followed.

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The new standard template NALC, says the committee elects its chair at the first meeting of the year, so does not have to be elected at each, but I don't think this was the particular problem in this case.

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Yes indeed, and that has been common practice for many years. But the NALC model is only a model, and has no legal force. Councils are free to adopt whatever standing orders they choose provided they do not conflict with legislation. What is said in the specific standing orders of the council involved will decide the original question.

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Are the standing orders adopted by any given PC a publicly available document ?

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Good question! The legislation only says that a council may adopt standing orders. But I cannot imagine any possible reason for not making them public. The council on which I serve has them on its web site, along with lots of other policies. At worst, I think you would be entitled to obtain a copy through a Freedom of Information request, but just asking ought to be enough.